Published on 28 August 2023

FIRST SECTION

Application no. 5779/22 Rafał SZCZEPAŃSKI against Poland and 8 other applications (see list appended) communicated on 10 July 2023

SUBJECT MATTER OF THE CASE

The applicants were accused in criminal proceedings. All of them had their cases examined by courts sitting in formations including judges appointed to those courts by the President of Poland pursuant to the recommendations of the National Council of the Judiciary ( Krajowa Rada Sądownictwa , “the NCJ”) as established under the Amending Act on the NCJ and certain other statutes of 8 December 2017 ( ustawa o zmianie ustawy o Krajowej Radzie Sądownictwa oraz niektórych innych ustaw ; “the 2017 Act”).

The applicants complain that their cases were examined by judicial formations of the ordinary courts including newly appointed judges, which gave rise to a violation of their right to an “independent and impartial tribunal established by law”, in breach of Article 6 § 1 of the Convention.

QUESTION TO THE PARTIES

Was the court which dealt with the applicants’ cases an “independent and impartial tribunal established by law” as required by Article 6 § 1 of the Convention ?

Reference is made to the fact that the applicants’ cases were examined by formations of ordinary courts composed of judges appointed in the procedure established by the Law of 8 December 2017 Amending the Act on the National Council of the Judiciary. In their replies, the parties are asked to refer to the Court’s judgments in Advance Pharma sp. z o.o v. Poland , no. 1469/20, 3 February 2022 and Guðmundur Andri Ástráðsson v. Iceland [GC], no. 26374/18, §§ 205-290, 1 December 2020.

APPENDIX

No.

Application no.

Case name

Lodged on

Applicant Year of Birth Place of Residence Nationality

Represented by

Notes

1.

5779/22

Szczepański v. Poland

30/12/2021

Rafał SZCZEPAŃSKI 1987 Strzelin Polish

Kamil MAŁECKI

On 17/11/2020 the Legnica Regional Court ( Sąd Okręgowy ) convicted the applicant of murder and sentenced him to 25 years’ imprisonment.

On 30/06/2021 the Wrocław Court of Appeal ( Sąd Apelacyjny ) dismissed the applicant’s appeal (case no. II AKa 45/21). It sat in a panel of three judges, including Mr Łukasz Franckiewicz, appointed to the Wrocław Regional Court by the President of Poland on 18/01/2019, on recommendation of the NCJ (resolution no. 446/2018 of 17/10/2018), and later seconded to the Wrocław Court of Appeal.

On 05/10/2021 the applicant’s lawyer lodged a cassation appeal with the Supreme Court ( Sąd Najwyższy ).

It appears that the proceedings in this regard are pending.

2.

13439/22

Jędrzejewski v. Poland

04/03/2022

Łukasz Marcin JĘDRZEJEWSKI 1977 Warszawa Polish

Iwona ZIELINKO

On 25/05/2018 the Warsaw-Praga Regional Court convicted the applicant of multiple offences, including membership of a criminal group and fraud, and sentenced him to 4 years’ imprisonment.

On 08/04/2021 the Warsaw Court of Appeal partly amended that judgment but upheld the applicant’s prison sentence (case no. II AKa 272/19). It sat in a panel of three judges, including Ms Anna Kalbarczyk, appointed to that court by the President of Poland on 15/12/2020, on recommendation of the NCJ (resolution no. 981/2019 of 08/11/2019).

On 16/12/2021 the Supreme Court dismissed the applicant’s cassation appeal.

3.

15370/22

Jankowski and Sawa v. Poland

09/03/2022

Krzysztof JANKOWSKI 1971 Warszawa Polish

Jarosław Piotr SAWA 1968 Warszawa Polish

Monika Małgorzata GĄSIOROWSKA

On 11/03/2020 the Warsaw Regional Court convicted the applicants of multiple offences, including fraud and extorting public subsidies. The first applicant was sentenced to 5 years’ and 6 months’ imprisonment and the second applicant was sentenced to 3 years’ and 6 months’ imprisonment.

On 17/05/2021 the Warsaw Court of Appeal dismissed the applicants’ appeals (case no. II AKa 289/20). It sat in a panel of three judges, including Ms Dorota Radlińska, appointed to that court by the President of Poland on 15/12/2020, on recommendation of the NCJ (resolution no. 981/2019 of 08/11/2019).

On 29/12/2021 the Supreme Court dismissed their cassation appeal.

4.

23322/22

BabiÅ› v. Poland

29/04/2022

Andrzej Wiktor BABIŚ 1991 Przemyśl Polish

On 24/09/2019 the Przemyśl District Court acquitted the applicant of stalking. On 11/02/2020 the Przemyśl Regional Court quashed that judgment and remitted the case.On 16/07/2021 the Przemyśl District Court convicted the applicant of stalking and sentenced him to community work. On 04/03/2022 the Przemyśl Regional Court dismissed the applicant’s appeal against that judgment (case no. II Ka 329/21, served on 23/03/2022). It sat in a single-judge formation, composed of Mr Bogdan Kusz, appointed to that court by the President of Poland on 01/02/2021, on recommendation of the NCJ (resolution no. 790/2020 of 14/10/2020).

5.

24209/22

Rajewski v. Poland

17/05/2022

Krzysztof RAJEWSKI 1957 Warszawa Polish

Mikołaj PIETRZAK

On 07/12/2020 the Jelenia Góra Regional Prosecutor lodged a bill of indictment against the applicant accusing him of fraud. On 02/12/2021 the Warsaw Regional Court discontinued the criminal proceedings against the applicant. The prosecutor appealed to the Warsaw Court of Appeal.

The appeal was allocated to Mr Przemysław Filipkowski, appointed to the Warsaw Court of Appeal by the President of Poland on 20/01/2021, on recommendation of the NCJ (resolution no. 738/2020 of 11/09/2020). On 27/01/2022 the applicant’s lawyers applied for his recusal because of alleged irregularities in his appointment procedure. On 04/02/2022 the recusal application was dismissed. On 15/02/2022 the Warsaw Court of Appeal quashed the decision of 02/12/2021 and remitted the case to the first-instance court (case no. II AKz 20/22). It sat in a single-judge formation, composed of Mr Przemysław Filipkowski.

It appears that the proceedings are pending at first instance.

6.

28917/22

Łaszcz v. Poland

01/06/2022

Piotr ŁASZCZ 1956 Mielno Polish

Krzysztof WICHER

On 29/04/2021 the Koszalin District Court convicted the applicant of causing a traffic accident, fined him PLN 2,000 (approximately EUR 450) and banned him from driving for one year.

On 16/09/2021 the Koszalin Regional Court dismissed the applicant’s appeal against that judgment (case no. V Ka 299/21). It sat in a single-judge formation, composed of Mr Rafał Podwiński, appointed to that court by the President of Poland on 30/07/2021, on recommendation of the NCJ (resolution no. 509/2021 of 28/04/2021).

On 29/03/2022 the Supreme Court dismissed the applicant’s cassation appeal in which he complained about the composition of the Regional Court (served on 01/04/2022).

7.

29735/22

Owczarek v. Poland

03/06/2022

Agnieszka OWCZAREK 1967 Warszawa Polish

Małgorzata MĄCZKA-PACHOLAK

On 07/12/2020 the Jelenia Góra Regional Prosecutor lodged a bill of indictment against the applicant accusing her of fraud. On 02/12/2021 the Warsaw Regional Court discontinued the criminal proceedings in this regard as it considered that the applicant’s conduct had not amounted to a criminal offence. The prosecution appealed to the Warsaw Court of Appeal.

The appeal was allocated to Mr Przemysław Filipkowski, appointed to the Warsaw Court of Appeal by the President of Poland on 20/01/2021, on recommendation of the NCJ (resolution no. 738/2020 of 11/09/2020). On 27/01/2022 the applicant’s lawyers applied for his recusal because of the alleged irregularities in his appointment procedure. On 04/02/2022 the recusal application was dismissed.

On 15/02/2022 the Warsaw Court of Appeal quashed the decision of 02/12/2021 and remitted the case to the first-instance court (case no. II AKz 20/22). It sat in a single-judge formation, composed of Mr Przemysław Filipkowski.

It appears that the proceedings are pending at first instance.

8.

38525/22

Lipiński v. Poland

06/07/2022

Mariusz Dariusz LIPIŃSKI 1967 Zgorzelec Polish

Marek SÅ‚awomir OLEJNIK

On 02/12/2020 the Jelenia Góra Regional Court convicted the applicant of multiple offences, including domestic abuse, rape and possession of drugs, and sentenced him to 7 years’ imprisonment.

On 07/06/2021 the Wrocław Court of Appeal amended that judgment and acquitted the applicant of possession of drugs charge (case no. II AKa 63/21). The court lowered the prison sentence imposed on the applicant. It sat in a panel of three judges, including Mr Maciej Skórniak, appointed to that court by the President of Poland on 05/05/2020, on recommendation of the NCJ (resolution no. 924/2019 of 18/10/2019) and Mr Janusz Godzwon, appointed to that court by the President of Poland on 17/01/2022, on recommendation of the NCJ (resolution no. 925/2019 of 18/10/2019).

On 07/03/2022 the Supreme Court dismissed the applicant’s cassation appeal.

9.

40017/22

Szarmach v. Poland

05/08/2022

Marian Stanisław SZARMACH 1949 Goleniów Polish

On 21/09/2020 the Goleniów District Court convicted the applicant of driving under influence of alcohol, fined him PLN 2,000 (approximately EUR 450), and banned him from driving for 3 years. On 30/04/2021 the Szczecin Regional Court upheld the first-instance judgment (case no. IV Ka 1590/20). It sat in a single-judge formation, composed of Mr Mariusz Jasion, appointed to that court by the President of Poland on 03/06/2019, on recommendation of the NCJ (resolution no. 633/2018 of 13/12/2018).

On 06/04/2022 the Supreme Court dismissed the applicant’s cassation appeal in which he complained about the composition of the Regional Court.